Rajasthan High Court Mandates Urgent Regulations for GM Foods in India

Court Directs Government to Frame Regulations Under Food Safety and Standards Act Within Six Months

In a landmark judgment, the Rajasthan High Court has directed the Union of India and the Food Safety and Standards Authority of India (FSSAI) to frame and notify regulations for genetically modified (GM) foods under the Food Safety and Standards Act, 2006 within six months. The decision was delivered by a division bench comprising Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit in response to a Public Interest Litigation (PIL) filed by Kritesh Oswal and others.

The court highlighted the absence of necessary regulations under Section 22 of the Food Safety and Standards Act, emphasizing the critical need for a regulatory framework to govern the manufacture, sale, import, and distribution of GM foods in India. Until such regulations are in place, the court has prohibited the sale, manufacture, distribution, or import of GM food products.

The judgment underscores the constitutional right to safe food as an integral part of the right to life under Article 21, stressing that the lack of regulations violates this fundamental right. The court also ordered that imports of GM food products must be accompanied by a "GM-Free Certificate" from the exporting country to ensure compliance with food safety standards.

The court dismissed the challenge to Rule 6(7) of the Legal Metrology (Packaged Commodities) Rules, 2011, which mandates labeling of GM food, ruling it consistent with the Food Safety and Standards Act.

The judgment is poised to have significant implications for the regulation of GM foods in India, ensuring public health and safety are prioritized through stringent regulatory measures.

Bottom Line:

The case deals with the regulation of genetically modified (GM) foods in India, highlighting the absence of requisite regulations under Section 22 of the Food Safety and Standards Act, 2006, and its impact on public health and safety.

Statutory provision(s): Food Safety and Standards Act, 2006 - Sections 21, 22, 23, 89, 92; Legal Metrology (Packaged Commodities) Rules, 2011 - Rule 6(7); Article 21 of the Constitution of India.

Kritesh Oswal v. Union of India, (Rajasthan)(Jaipur Bench)(DB) : Law Finder Doc id # 2794983